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V 1 - Working Waterfront Covenant - 555 River House
V 1 - Working Waterfront Covenant - 555 River House
KNOW ALL MEN BY THESE PRESENT that the undersigned 555 SRD, LLC, a
Florida limited liability company, 555 RIVER PARTNERS, LLC, a Florida limited liability
company, 555 RIVER DR, LLC, a Florida limited liability company, and MRP #1, LLC, an
Oklahoma limited liability company (collectively, the “Owner”) hereby makes, declares and
imposes on the land herein described, this Declaration of Restrictive Covenants Running with the
Land (the “Declaration” or “Covenant”) running with title to the land contained herein, which
shall be binding on Owner, all heirs, grantees, successors and assigns, personal representatives,
mortgagees, lessees, and against all persons claiming by, through or under them.
WHEREAS, Owner is the fee simple title holder to certain properties property located at
517, 555, 603, 661, and 663 NW South River Drive, all located in Miami, Florida, more
particularly described on Exhibit “A” (collectively, the “Property”) attached hereto and
incorporated herein, which are the subject of a Waiver and Special Appearance Application; and
WHEREAS, the Owner voluntarily proffers this Covenant acknowledging and accepting
the presence of the existing Working Waterfront 24-hour operations, as permitted; and
WHEREAS, the Port of Miami River has a designated Federal Navigable Channel
featuring numerous job generating businesses, including International Shipping Terminals,
Boatyards, Marinas, Tug Boat Basins, Commercial Fishing, etc.; and
NOW, THEREFORE, Owner voluntarily covenants and agrees that the Property shall be
subject to the following restrictions that are intended and shall be deemed to be a covenant
running with the land and binding upon the Owner, and their heirs, successors, and assigns, as
follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated
herein as if repeated at length.
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2. Restrictions. Owner covenants the following:
iv. that it will not pursue any claims for liability, loss or
damage, whether through litigation or otherwise, against
permittees engaging in Working Waterfront 24-hour
operations, related to noise, smoke, fumes, federally
regulated bridge openings, and/or other quality of life issues
that might result from legally permitted Working Waterfront
24-hour operations.
3. Covenant Running with the Land. This Covenant on the part of Owner
shall constitute a covenant running with the land and shall be recorded, by the Owner and at
Owner’s expense, in the Public Records of Miami-Dade County, Florida, and shall remain in full
force and effect and be binding upon the undersigned Owner, and its heirs, successors, and
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assigns until such time as the Declaration is terminated, modified or released. These restrictions
during their lifetime shall be for the benefit of, and be a limitation upon, all present and future
owners of the Property and for the public welfare.
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[Signature Page to Follow]
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Signed, witnessed, executed and acknowledged this ___ day of _________, 2019.
By:
Name: ______________________________
Title: _______________________________
STATE OF FLORIDA
) SS.
COUNTY OF MIAMI DADE
The foregoing instrument was acknowledged before me this ___ day of , 2019,
by , the Manager of who is personally known to
me, or has produced ________________________________, as identification and she
acknowledged before me that he executed the same, freely and voluntarily, for the purposes
therein expressed.
Name:
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555 RIVER PARTNERS, LLC,
a Florida limited liability company
By:
Name: ______________________________
Title: _______________________________
STATE OF FLORIDA
) SS.
COUNTY OF MIAMI DADE
The foregoing instrument was acknowledged before me this ___ day of , 2019,
by , the Manager of who is personally known to
me, or has produced ________________________________, as identification and she
acknowledged before me that he executed the same, freely and voluntarily, for the purposes
therein expressed.
Name:
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555 RIVER DR, LLC,
a Florida limited liability company
By:
Name: ______________________________
Title: _______________________________
STATE OF FLORIDA
) SS.
COUNTY OF MIAMI DADE
The foregoing instrument was acknowledged before me this ___ day of , 2019,
by , the Manager of who is personally known to
me, or has produced ________________________________, as identification and she
acknowledged before me that he executed the same, freely and voluntarily, for the purposes
therein expressed.
Name:
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MRP #1, LLC,
an Oklahoma limited liability company
By:
Name: ______________________________
Title: _______________________________
STATE OF FLORIDA
) SS.
COUNTY OF MIAMI DADE
The foregoing instrument was acknowledged before me this ___ day of , 2019,
by , the Manager of who is personally known to
me, or has produced ________________________________, as identification and she
acknowledged before me that he executed the same, freely and voluntarily, for the purposes
therein expressed.
Name:
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APPROVED:
By:
Francisco Garcia, Director of Planning
By:
Victoria Méndez, City Attorney
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Exhibit “A”
The Property
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